Articles of a treaty, concluded at New Echota in the State of Georgia on the
29th day of Decr. 1835 by General William Carroll and John F. Schermerhorn commissioners
on the part of the United States and the Chiefs Head Men and People of the Cherokee tribe
of Indians.

WHEREAS the Cherokees are anxious to make some arrangements with
the Government of the United States whereby the difficulties they have experienced
by a residence within the settled parts of the United States under the jurisdiction
and laws of the State Governments may be terminated and adjusted; and with a
view to reuniting their people in one body and securing a permanent home for
themselves and their posterity in the country selected by their forefathers without
the territorial limits of the State sovereignties, and where they can establish and
enjoy a government of their choice and perpetuate such a state of society as
may be most consonant with their views, habits and condition; and as may tend to
their individual comfort and their advancement in civilization.

And whereas a delegation of the Cherokee nation composed of Messrs. John
Ross Richard Taylor Danl. McCoy Samuel Gunter and William Rogers with full
power and authority to conclude a treaty with the United States did on the 28th
day of February 1835 stipulate and agree with the Government of the United
States to submit to the Senate to fix the amount which should be allowed the
Cherokees for their claims and for a cession of their lands east of the Mississippi
river, and did agree to abide by the award of the Senate of the United States
themselves and to recommend the same to their people for their final determination.

And whereas on such submission the Senate advised “that a sum not exceeding
five millions of dollars be paid to the Cherokee Indians for all their lands and
possessions east of the Mississippi river.”

And whereas this delegation after said award of the Senate had been made,
were called upon to submit propositions as to its disposition to be arranged in a
treaty which they refused to do, but insisted that the same “should be referred to
their nation and there in general council to deliberate and determine on the subject
in order to ensure harmony and good feeling among themselves.”

And whereas a certain other delegation composed of John Ridge Elias Boudinot
Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who
represented that portion of the nation in favor of emigration to the Cherokee
country west of the Mississippi entered into propositions for a treaty with John F.
Schermerhorn commissioner on the part of the United States which were to be
submitted to their nation for their final action and determination:

And whereas the Cherokee people at their last October council at Red Clay,
fully authorized and empowered a delegation or committee of twenty persons of
their nation to enter into and conclude a treaty with the United States commissioner
then present, at that place or elsewhere and as the people had good reason to
believe that a treaty would

then and there be made or at a subsequent council at New Echota which
the commissioners it was well known and understood, were authorized
and instructed to convene for said purpose; and since the said delegation
have gone on to Washington city, with a view to close negotiations there,
as stated by them notwithstanding they were officially informed by the
United States commissioner that they would not be received by the
President of the United States; and that the Government would transact no
business of this nature with them, and that if a treaty was made it must be
done here in the nation, where the delegation at Washington last winter
urged that it should be done for the purpose of promoting peace and harmony
among the people; and since these facts have also been corroborated to us
by a communication recently received by the commissioner from the
Government of the United States and read and explained to the people in
open council and therefore believing said delegation can effect nothing
and since our difficulties are daily increasing and our situation is
rendered more and more precarious uncertain and insecure in
consequence of the legislation of the States; and seeing no effectual way
of relief, but in accepting the liberal overtures of the United States.

And whereas Genl William Carroll and John F. Schermerhorn were
appointed commissioners on the part of the United States, with full
power and authority to conclude a treaty with the Cherokees east and
were directed by the President to convene the people of the nation in
general council at New Echota and to submit said propositions to them
with power and authority to vary the same so as to meet the views of the
Cherokees in reference to its details.

And whereas the said commissioners did appoint and notify a general
council of the nation to convene at New Echota on the 21st day of
December 1835; and informed them that the commissioners would be
prepared to make a treaty with the Cherokee people who should assemble
there and those who did not come they should conclude gave their assent
and sanction to whatever should be transacted at this council and the
people having met in council according to said notice.

Therefore the following articles of a treaty are agreed upon and
concluded between William Carroll and John F. Schermerhorn
commissioners on the part of the United States and the chiefs and head
men and people of the Cherokee nation in general council assembled this
29th day of Decr 1835.

ARTICLE 1.

The Cherokee nation hereby cede relinquish and convey to
the United States all the lands owned claimed or possessed by them east
of the Mississippi river, and hereby release all their claims upon the
United States for spoliations of every kind for and in consideration of the
sum of five millions of dollars to be expended paid and invested in the
manner stipulated and agreed upon in the following articles But as a
question has arisen between the commissioners and the Cherokees
whether the Senate in their resolution by which they advised “that a sum
not exceeding five millions of dollars be paid to the Cherokee Indians for
all their lands and possessions east of the Mississippi river” have
included and made any allowance or consideration for claims for
spoliations it is therefore agreed on the part of the United States that this
question shall be again submitted to the Senate for their consideration
and decision and if no allowance was made for spoliations that then an
additional sum of three hundred thousand dollars be allowed for the same.

ARTICLE 2.

Whereas by the treaty of May 6th 1828 and the
supplementary treaty thereto of Feb. 14th 1833 with the Cherokees west
of the Mississippi the United States guarantied and secured to be
conveyed by patent, to the Cherokee nation of Indians the following tract
of country “Beginning at a point on the old western territorial line of
Arkansas Territory being twenty-five miles north from the point where

the territorial line crosses Arkansas river, thence running from said north
point south on the said territorial line where the said territorial line
crosses Verdigris river; thence down said Verdigris river to the Arkansas
river; thence down said Arkansas to a point where a stone is placed
opposite the east or lower bank of Grand river at its junction with the
Arkansas; thence running south forty-four degrees west one mile; thence
in a straight line to a point four miles northerly, from the mouth of the
north fork of the Canadian; thence along the said four mile line to the
Canadian; thence down the Canadian to the Arkansas; thence down the
Arkansas to that point on the Arkansas where the eastern Choctaw
boundary strikes said river and running thence with the western line of
Arkansas Territory as now defined, to the southwest corner of Missouri;
thence along the western Missouri line to the land assigned the Senecas;
thence on the south line of the Senecas to Grand river; thence up said
Grand river as far as the south line of the Osage reservation, extended if
necessary; thence up and between said south Osage line extended west if
necessary, and a line drawn due west from the point of beginning to a
certain distance west, at which a line running north and south from said
Osage line to said due west line will make seven millions of acres within
the whole described boundaries. In addition to the seven millions of acres
of land thus provided for and bounded, the United States further guaranty
to the Cherokee nation a perpetual outlet west, and a free and unmolested
use of all the country west of the western boundary of said seven millions
of acres, as far west as the sovereignty of the United States and their right
of soil extend:

Provided however That if the saline or salt plain on the western
prairie shall fall within said limits prescribed for said outlet, the right is
reserved to the United States to permit other tribes of red men to get salt
on said plain in common with the Cherokees; And letters patent shall be
issued by the United States as soon as practicable for the land hereby
guarantied.”

And whereas it is apprehended by the Cherokees that in the above
cession there is not contained a sufficient quantity of land for the
accommodation of the whole nation on their removal west of the
Mississippi the United States in consideration of the sum of five hundred
thousand dollars therefore hereby covenant and agree to convey to the
said Indians, and their descendants by patent, in fee simple the following
additional tract of land situated between the west line of the State of
Missouri and the Osage reservation beginning at the southeast corner of
the same and runs north along the east line of the Osage lands fifty miles
to the northeast corner thereof; and thence east to the west line of the
State of Missouri; thence with said line south fifty miles; thence west to
the place of beginning; estimated to contain eight hundred thousand acres
of land; but it is expressly understood that if any of the lands assigned the
Quapaws shall fall within the aforesaid bounds the same shall be reserved
and excepted out of the lands above granted and a pro rata reduction shall
be made in the price to be allowed to the United States for the same by
the Cherokees.

ARTICLE 3.

The United States also agree that the lands above ceded by
the treaty of Feb. 14 1833, including the outlet, and those ceded by this
treaty shall all be included in one patent executed to the Cherokee nation
of Indians by the President of the United States according to the
provisions of the act of May 28 1830. It is,
however, agreed that the military reservation at Fort Gibson shall be held by
the United States. But should the United States abandon said post and have
no further use for the same it shall revert to the Cherokee nation. The United States shall always have the right to make and establish
such post and military roads and forts in any part of the Cherokee country, as they
may deem proper for the interest and protection of the same

and the free use of as much land, timber, fuel and materials of all kinds
for the construction and support of the same as may be necessary;
provided that if the private rights of individuals are interfered with, a just
compensation therefor shall be made.

ARTICLE 4.

The United States also stipulate and agree to extinguish
for the benefit of the Cherokees the titles to the reservations within their
country made in the Osage treaty of 1825 to certain half-breeds and for
this purpose they hereby agree to pay to the persons to whom the same
belong or have been assigned or to their agents or guardians whenever
they shall execute after the ratification of this treaty a satisfactory
conveyance for the same, to the United States, the sum of fifteen
thousand dollars according to a schedule accompanying this treaty of the
relative value of the several reservations.

And whereas by the several treaties between
the United States and the Osage Indians the Union and Harmony
Missionary reservations which were established for their benefit are
now situated within the country ceded by them to the United States;
the former being situated in the Cherokee country and the latter in the State
of Missouri. It is therefore agreed that the United States shall pay the American
Board of Commissioners for Foreign Missions for the improvements on the same
what they shall be appraised at by Capt. Geo. Vashon Cherokee sub-agent
Abraham Redfield and A. P. Chouteau or such persons as the President of
the United States shall appoint and the money allowed for the same shall
be expended in schools among the Osages and improving their condition.
It is understood that the United States are to pay the amount allowed for
the reservations in this article and not the Cherokees.

ARTICLE 5.

The United States hereby covenant and agree that the lands
ceded to the Cherokee nation in the forgoing article shall, in no future
time without their consent, be included within the territorial limits or
jurisdiction of any State or Territory. But they shall secure to the
Cherokee nation the right by their national councils to make and carry
into effect all such laws as they may deem necessary for the government
and protection of the persons and property within their own country
belonging to their people or such persons as have connected themselves
with them: provided always that they shall not be inconsistent with the
constitution of the United States and such acts of Congress as have been
or may be passed regulating trade and intercourse with the Indians; and
also, that they stall not be considered as extending to such citizens and
army of the United States as may travel or reside in the Indian country
by permission according to the laws and regulations established by the
Government of the same.

ARTICLE 6.

Perpetual peace and friendship shall exist between the
citizens of the United States and the Cherokee Indians. The United States
agree to protect the Cherokee nation from domestic strife and foreign
enemies and against intestine wars between the several tribes. The
Cherokees shall endeavor to preserve and maintain the peace of the
country and not make war upon their neighbors they shall also be
protected against interruption and intrusion from citizens of the United
States, who may attempt to settle in the country without their consent;
and all such persons shall be removed from the same by order of the
President of the United States. But this is not intended to prevent the
residence among them of useful farmers mechanics and teachers for the
instruction of Indians according to treaty stipulations.

ARTICLE 7.

The Cherokee nation having already made great progress
in civilization and deeming it important that every proper and laudable
inducement should be offered to their people to improve their condition
as well as to guard and secure in the most effectual manner the rights
guarantied to them in this treaty, and with a view to illustrate the liberal
and enlarged policy of the Government of the United States towards

the Indians in their removal beyond the territorial limits of the States, it is stipulated
that they shall be entitled to a delegate in the House of Representatives of the
United States whenever Congress shall make provision for the same.

ARTICLE 8.

The United States also agree and stipulate to remove the
Cherokees to their new homes and to subsist them one year after their arrival there
and that a sufficient number of steamboats and baggage-wagons shall be furnished to
remove them comfortably, and so as not to endanger their health, and that a
physician well supplied with medicines shall accompany each detachment of
emigrants removed by the Government. Such persons and families as in the opinion
of the emigrating agent are capable of subsisting and removing themselves shall be
permitted to do so; and they shall be allowed in full for all claims for the same twenty
dollars for each member of their family; and in lieu of their one year's rations they
shall be paid the sum of thirty-three dollars and thirty-three cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall remove
with them in two years west of the Mississippi shall be entitled to allowance for
removal and subsistence as above provided.

ARTICLE 9.

The United States agree to appoint suitable agents who shall
make a just and fair valuation of all such improvements now in the possession of
the Cherokees as add any value to the lands; and also of the ferries owned by
them, according to their net income; and such improvements and ferries from which
they have been dispossessed in a lawless manner or under any existing laws of the
State where the same may be situated.

The just debts of the Indians shall be paid out of any monies due them for their
improvements and claims; and they shall also be furnished at the discretion of the
President of the United States with a sufficient sum to enable them to obtain the
necessary means to remove themselves to their new homes, and the balance of
their dues shall be paid them at the Cherokee agency west of the Mississippi. The
missionary establishments shall also be valued and appraised in a like manner and
the amount of them paid over by the United States to the treasurers of the
respective missionary societies by whom they have been established and improved
in order to enable them to erect such buildings and make such improvements among
the Cherokees west of the Mississippi as they may deem necessary for their
benefit. Such teachers at present among the Cherokees as this council shall select
and designate shall be removed west of the Mississippi with the Cherokee nation
and on the same terms allowed to them.

ARTICLE 10.

The President of the United States shall invest in some safe and
most productive public stocks of the country for the benefit of the whole Cherokee
nation who have removed or shall remove to the lands assigned by this treaty to the
Cherokee nation west of the Mississippi the following sums as a permanent fund for
the purposes hereinafter specified and pay over the net income of the same annually
to such person or persons as shall be authorized or appointed by the Cherokee
nation to receive the same and their receipt shall be a full discharge for the amount
paid to them viz: the sum of two hundred thousand dollars in addition to the present
annuities of the nation to constitute a general fund the interest of which shall be
applied annually by the council of the nation to such purposes as they may deem
best for the general interest of their people. The sum of fifty thousand dollars to
constitute an orphans' fund the annual income of which shall be expended towards
the support and education of such orphan children as are destitute of the means of
subsistence. The sum of one hundred and fifty thousand dollars in addition to the
present school fund of the nation shall constitute a permanent school fund, the
interest of which shall be applied annually by the council of the nation for the
support of

common schools and such a literary institution of a higher order as may
be established in the Indian country. And in order to secure as far as
possible the true and beneficial application of the orphans' and school
fund the council of the Cherokee nation when required by the President
of the United States shall make a report of the application of those funds
and he shall at all times have the right if the funds have been misapplied
to correct any abuses of them and direct the manner of their application
for the purposes for which they were intended. The council of the nation
may by giving two years' notice of their intention withdraw their funds by
and with the consent of the President and Senate of the United States, and
invest them in such manner as they may deem most proper for their
interest. The United States also agree and stipulate to pay the just debts
and claims against the Cherokee nation held by the citizens of the same
and also the just claims of citizens of the United States for services
rendered to the nation and the sum of sixty thousand dollars is
appropriated for this purpose but no claims against individual persons of
the nation shall be allowed and paid by the nation. The sum of three
hundred thousand dollars is hereby set apart to pay and liquidate the just
claims of the Cherokees upon the United States for spoliations of every
kind, that have not been already satisfied under former treaties.

ARTICLE 11.

The Cherokee nation of Indians believing it will be for
the interest of their people to have all their funds and annuities under
their own direction and future disposition hereby agree to commute their
permanent annuity of ten thousand dollars for the sum of two hundred and
fourteen thousand dollars, the same to be invested by the President of the
United States as a part of the general fund of the nation; and their present
school fund amounting to about fifty thousand dollars shall constitute a
part of the permanent school fund of the nation.

ARTICLE 12.

Those individuals and families of the Cherokee nation
that are averse to a removal to the Cherokee country west of the
Mississippi and are desirous to become citizens of the States where they
reside and such as are qualified to take care of themselves and their
property shall be entitled to receive their due portion of all the personal
benefits accruing under this treaty for their claims, improvements and
per capita; as soon as an appropriation is made for this treaty.

Such heads of Cherokee families as are desirous to reside within the
States of No. Carolina, Tennessee, and Alabama subject to the laws of the
same; and who are qualified or calculated to become useful citizens shall
be entitled, on the certificate of the commissioners to a preemption right
to one hundred and sixty acres of land or one quarter section at the
minimum Congress price; so as to include the present buildings or
improvements of those who now reside there and such as do not live
there at present shall be permitted to locate within two years any lands
not already occupied by persons entitled to pre-emption privilege under
this treaty and if two or more families live on the same quarter section
and they desire to continue their residence in these States and are
qualified as above specified they shall, on receiving their pre-emption
certificate be entitled to the right of pre-emption to such lands as they
may select not already taken by any person entitled to them under this
treaty.

It is stipulated and agreed between the United States and the Cherokee
people that John Ross, James Starr, George Hicks, John Gunter, George
Chambers, John Ridge, Elias Boudinot, George Sanders, John Martin ,
William Rogers, Roman Nose Situwake, and John Timpson shall be a
committee on the part of the Cherokees to recommend such persons for
the privilege of pre-emption rights as may be deemed entitled to the
same under the above articles and to select the missionaries who shall be
removed with the nation; and that they be hereby

fully empowered and authorized to transact all business on the part of the
Indians which may arise in carrying into effect the provisions of this
treaty and settling the same with the United States. If any of the persons
above mentioned should decline acting or be removed by death; the
vacancies shall be filled by the committee themselves.

It is also understood and agreed that the sum of one hundred thousand
dollars shall be expended by the commissioners in such manner as the
committee deem best for the benefit of the poorer class of Cherokees as
shall remove west or have removed west and are entitled to the benefits
of this treaty. The same to be delivered at the Cherokee agency west as
soon after the removal of the nation as possible.

ARTICLE 13.

In order to make a final settlement of all the claims of
the Cherokees for reservations granted under former treaties to any
individuals belonging to the nation by the United States it is therefore
hereby stipulated and agreed and expressly understood by the parties to
this treaty—that all the Cherokees and their heirs and descendants to
whom any reservations have been made under any former treaties with the
United States, and who have not sold or conveyed the same by deed or
otherwise and who in the opinion of the commissioners have complied
with the terms on which the reservations were granted as far as
practicable in the several cases; and which reservations have since been
sold by the United States shall constitute a just claim against the United
States and the original reservee or their heirs or descendants shall be
entitled to receive the present value thereof from the United States as
unimproved lands. And all such reservations as have not been sold by the
United States and where the terms on which the reservations were made
in the opinion of the commissioners have been complied with as far as
practicable, they or their heirs or descendants shall be entitled to the
same. They are hereby granted and confirmed to them—and also all
persons who were entitled to reservations under the treaty of 1817 and
who as far as practicable in the opinion of the commissioners, have
complied with the stipulations of said treaty, although by the treaty of
1819 such reservations were included in the unceded lands belonging to
the Cherokee nation are hereby confirmed to them and they shall be
entitled to receive a grant for the same. And all such reservees as were
obliged by the laws of the States in which their reservations were
situated, to abandon the same or purchase them from the States shall be
deemed to have a just claim against the United States for the amount by
them paid to the States with interest thereon for such reservations and if
obliged to abandon the same, to the present value of such reservations as
unimproved lands but in all cases where the reservees have sold their
reservations or any part thereof and conveyed the same by deed or
otherwise and have been paid for the same, they their heirs or
descendants or their assigns shall not be considered as having any claims
upon the United States under this article of the treaty nor be entitled to
receive any compensation for the lands thus disposed of. It is expressly
understood by the parties to this treaty that the amount to be allowed for
reservations under this article shall not be deducted out of the
consideration money allowed to the Cherokees for their claims for
spoilations and the cession of their lands; but the same is to be paid for
independently by the United States as it is only a just fulfillment of
former treaty stipulations.

ARTICLE 14.

It is also agreed on the part of the United States that such
warriors of the Cherokee nation as were engaged on the side of the
United States in the late war with Great Britain and the southern tribes of
Indians, and who were wounded in such service shall be entitled to such
pensions as shall be allowed them by the Congress of the United States
to commence from the period of their disability.

ARTICLE 15.

It is expressly understood and agreed between the
parties to this treaty that after deducting the amount which shall be
actually expended for the payment for improvements, ferries, claims, for
spoliations, removal subsistence and debts and claims upon the Cherokee
nation and for the additional quantity of lands and goods for the poorer
class of Cherokees and the several sums to be invested for the general
national funds; provided for in the several articles of this treaty the
balance whatever the same may be shall be equally divided between all
the people belonging to the Cherokee nation east according to the census
just completed; and such Cherokees as have removed west since June
1833 who are entitled by the terms of their enrollment and removal to all
the benefits resulting from the final treaty between the United States and
the Cherokees east they shall also be paid for their improvements
according to their approved value before their removal where fraud has
not already been shown in their valuation.

ARTICLE 16.

It is hereby stipulated and agreed by the Cherokees that
they shall remove to their new homes within two years from the
ratification of this treaty and that during such time the United States shall
protect and defend them in their possessions and property and free use
and occupation of the same and such persons as have been dispossessed
of their improvements and houses; and for which no grant has actually
issued previously to the enactment of the law of the State of Georgia, of
December 1835 to regulate Indian occupancy shall be again put in
possession and placed in the same situation and condition, in reference to
the laws of the State of Georgia, as the Indians that have not been
dispossessed; and if this is not done, and the people are left unprotected,
then the United States shall pay the several Cherokees for their losses
and damages sustained by them in consequence thereof. And it is also
stipulated and agreed that the public buildings and improvements on
which they are situated at New Echota for which no grant has been
actually made previous to the passage of the above recited act if not
occupied by the Cherokee people shall be reserved for the public and
free use of the United States and the Cherokee Indians for the purpose
of settling and closing all the Indian business arising under this treaty
between the commissioners of claims and the Indians.

The United States, and the several States interested in the Cherokee
lands, shall immediately proceed to survey the lands ceded by this treaty;
but it is expressly agreed and understood between the parties that the
agency buildings and that tract of land surveyed and laid off for the use of
Colonel R. J. Meigs Indian agent or heretofore enjoyed and occupied by
his successors in office shall continue subject to the use and occupancy
of the United States, or such agent as may be engaged specially
superintending the removal of the tribe.

ARTICLE 17.

All the claims arising under or provided for in the several
articles of this treaty, shall be examined and adjudicated by such
commissioners as shall be appointed by the President of the United
States by and with the advice and consent of the Senate of the United
States for that purpose and their decision shall be final and on their
certificate of the amount due the several claimants they shall be paid by
the United States. All stipulations in former treaties which have not been
superseded or annulled by this shall continue in full force and virtue.

ARTICLE 18.

Whereas in consequence of the unsettled affairs of the
Cherokee people and the early frosts, their crops are insufficient to
support their families and great distress is likely to ensue and whereas
the nation will not, until after their removal be able advantageously to
expend the income of the permanent funds of the nation it is therefore
agreed that the annuities of the nation which may accrue under this

treaty for two years, the time fixed for their removal shall be expended in
provision and clothing for the benefit of the poorer class of the nation
and the United States hereby agree to advance the same for that purpose
as soon after the ratification of this treaty as an appropriation for the same
shall be made. It is however not intended in this article to interfere with
that part of the annuities due the Cherokees west by the treaty of 1819.

ARTICLE 19.

This treaty after the same shall be ratified by the
President and Senate of the United States shall be obligatory on the
contracting parties.

ARTICLE 20.

[Supplemental article. Stricken out by Senate.]

In testimony whereof, the commissioners and the chiefs, head men,
and people whose names are hereunto annexed, being duly authorized by
the people in general council assembled, have affixed their hands and
seals for themselves, and in behalf of the Cherokee nation.
I have examined the foregoing treaty, and although not present when it
was made, I approve its provisions generally, and therefore sign it.

In compliance with instructions of the council at New Echota, we sign
this treaty.

Stand Watie,

John Ridge.

March 1, 1836.

Witnesses:

Elbert Herring,

Alexander H. Everett,

John Robb,

D. Kurtz,

Wm.Y. Hansell,

Samuel J. Potts,

Jno. Litle,

S. Rockwell.

Dec. 31, 1835 | 7 Stat., 487.
Whereas the western Cherokees have appointed a delegation to visit
the eastern Cherokees to assure them of the friendly disposition of their
people and their desire that the nation should again be united as one
people and to urge upon them the expediency of accepting the overtures
of the Government; and that, on their removal they may be assured of a
hearty welcome and an equal participation with them in all the benefits
and privileges of the Cherokee country west and the undersigned two of
said delegation being the only delegates in the eastern nation from the
west at the signing and sealing of the treaty lately concluded at New
Echota between their eastern brethren and the United States; and having
fully understood the provisions of the same they agree to it in behalf of
the western Cherokees. But it is expressly understood that nothing in this
treaty shall affect any claims of the western Cherokees on the United
States.

In testimony whereof, we have, this 31st day of December, 1835,
hereunto set our hands and seals.

James Rogers,

John Smith.
Delegates from the western Cherokees.

Test:

Ben. F. Currey, special agent.

M. W. Batman, first lieutenant, Sixth Infantry,

Jno. L. Hooper, lieutenant, Fourth Infantry,

Elias Boudinot.

Schedule and estimated value of the Osage half-breed reservations within the territory
ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing
treaty,) viz:

Augustus Clamont

one section

$6,000

James

" " "

1,000

Paul

" " "

1,300

Henry

" " "

800

Anthony

" " "

1,800

Rosalie

" " "

1,800

Emilia D, of Mihanga

" " "

1,000

Emilia D, of Shemianga

" " "

1,300

$15,000

I hereby certify that the above schedule is the estimated value of the Osage
reservations, as made out and agreed upon with Col. A. P. Choteau who represented
himself as the agent or guardian of the above reservees.

J. F. Schermerhorn.

March 14, 1835.

Supplementary articles to a treaty concluded at New Echota, Georgia, December 29, 1835,
between the United States and Cherokee people.March 1, 1836. | 7 Stat., 488. | Proclamation, May 23, 1836.

WHEREAS the undersigned were authorized at the general meeting of
the Cherokee people held at New Echota as above stated, to make and
assent to such alterations in the preceding treaty as might be thought
necessary, and whereas the President of the United States has expressed
his determination not to allow any pre-emptions or reservations his
desire being that the whole Cherokee people should remove together and
establish themselves in the country provided for them west of the
Mississippi river.

ARTICLE 1.

It is therefore agreed that all the pre-emption rights and
reservations provided for in articles 12 and 13 shall be and are hereby
relinquished and declared void.

ARTICLE 2.

Whereas the Cherokee people have supposed that the sum
of five millions of dollars fixed by the Senate in their resolution of——day
of March, 1835, as the value of the Cherokee lands and possessions east
of the Mississippi river was not intended to include the amount which
may be required to remove them, nor the value of certain claims which
many of their people had against citizens of the United States, which
suggestion has been confirmed by the opinion expressed to the War
Department by some of the Senators who voted upon the question and
whereas the President is willing that this subject should be referred to
the Senate for their consideration and if it was not intended by the Senate
that the above-mentioned sum of five millions of dollars should include
the objects herein specified that in that case such further provision
should be made therefor as might appear to the Senate to be just.

ARTICLE 3.

It is therefore agreed that the sum of six hundred thousand
dollars shall be and the same is hereby allowed to the Cherokee people
to include the expense of their removal, and all claims of every nature
and description against the Government of the United States not herein
otherwise expressly provided for, and to be in lieu of the said
reservations and pre-emptions and of the sum of three hundred thousand
dollars for spoliations described in the 1st article of the
above-mentioned treaty. This sum of six hundred thousand dollars shall
be applied and distributed agreeably to the provisions of the said treaty,
and any surplus which may remain after removal and payment of the
claims so ascertained shall be turned over and belong to the education
fund.
But it is expressly understood that the subject of this article is merely
referred hereby to the consideration of the Senate and if they shall
approve the same then this supplement shall remain part of the treaty.

ARTICLE 4.

It is also understood that the provisions in article 16, for
the agency reservation is not intended to interfere with the occupant right
of any Cherokees should their improvement fall within the same.
It is also understood and agreed, that the one hundred thousand dollars
appropriated in article 12 for the poorer class of Cherokees and intended
as a set-off to the pre-emption rights shall now be transferred from the
funds of the nation and added to the general national fund of four hundred
thousand dollars so as to make said fund equal to five hundred thousand
dollars.

ARTICLE 5.

The necessary expenses attending the negotiations of the
aforesaid treaty and supplement and also of such persons of the
delegation as may sign the same shall be defrayed by the United States.

In testimony whereof, John F. Schermerhorn, commissioner on the
part of the United States, and the undersigned delegation have hereunto
set their hands and seals, this first day of March, in the year one thousand
eight hundred and thirty-six.